Legal Opinion
Retek v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2005PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to Lien Law § 19 (6) to summarily discharge a mechanic’s lien, the petitioner appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated September 17, 2003, which granted the respondents’ cross motion to dismiss the petition.
*709Ordered that the order is affirmed, with costs.
A court has no inherent power to vacate or discharge a notice of lien except as authorized by Lien Law § 19 (6) (see Matter of Lowe, 4 AD3d 476 [2004]; Dember Constr. Corp. v P & R Elec. Corp., 76 AD2d 540, 546 [1980]). Where “there [is] no defect upon the face of the notice of lien,…
2Cases cited4 opinions
- Dember Construction Corp. v. P & R Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- In re LoweAppellate Division of the Supreme Court of the State of New York · 2004
- Gibor Associates v. City of New YorkNew York Supreme Court · 1977
- City of New York v. New York & Hong Kong Reciprocation Exchange Corp.New York Supreme Court · 2002
3Cited by5 opinions
- David Rivera v. Department of Housing Preservation and Development of the City of New York, The Matter of Leonardo Enriquez v. Department of Housing Preservation and Development of the City of New YorkNew York Court of Appeals · 2017
- Gold Development & Management, LLC v. P.J. Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Luckyland (N.Y.), LLC v. Core Continental Construction, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Liu v. CarrionAppellate Division of the Supreme Court of the State of New York · 2026
- Matter of Enriquez v. Department of Hous. Preserv. & Dev. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2015